Border Control and Migration in Slovenia

Žaberl, Miroslav and Flander, Benjamin and Kelenc, Simon (2024) Border Control and Migration in Slovenia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 5 (1). pp. 385-411. ISSN 2732-0707

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Abstract

Protecting and controlling national borders are particularly important for preventing and combating irregular migration. Adequate police organisation, training, and exercise of appropriate statutory powers and measures are crucial in this context. This article discusses the role of the Slovenian Police in curbing irregular migration from three perspectives: (1) national normative regulations for border control; (2) the procedural regulation of the exercise of powers and measures by the police in controlling state borders; and (3) the compliance of the legal regulation of powers and measures with the provisions on the protection of human rights and fundamental freedoms laid down in the Constitution of the Republic of Slovenia and international conventions. We found that the national normative and procedural regulations governing the exercise of police power and measures for controlling state borders are consistent with the uniform regime in the Schengen Borders Code. In contrast, in assessing their compliance with constitutional and international standards that guarantee and protect human rights, we questioned the appropriateness of the normative regulations that allow the police to invasively search the body and belongings of persons, in addition to frisking them and their belongings, without a court order, in the context of border controls, where the standard of proof is low. Furthermore, we draw attention to the lack of clarity in the internal instructions and procedural provisions of the police, which allow the return of persons to foreign security authorities, disregarding safeguards protecting persons seeking international protection. Moreover, the article focuses on the entry of the Republic of Croatia into the Schengen Area, which resulted in the Republic of Slovenia losing its external Schengen border. The new situation dictates the need for changes in the organisation, staffing, and tactics of the Slovenian Police.

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